Meeting set to discuss TFARR recommendations
A meeting has been set for 2 p.m. on
July 7 for members of the public to give input on proposed modifications to
the Task Force on Admissions Regulation Reform II.
The proposal calls for pre-admission competency training, 50
hours of pro bono service and mandatory CLE training during the first year of
practice. State Bar staff has recommended modest changes to the proposal to
reduce implementation costs.
The meeting is one step before the changes go to the State
Bar Board of Trustees for consideration and formal public comment.
New filing requirements for PAGA cases
The budget signed by Gov. Jerry Brown last month included
changes to the state’s Labor
Code Private Attorney General Act (PAGA) that authorizes aggrieved
employees to file lawsuits to recover civil penalties. Changes include court
review of settlements, filing fees and online filing.
The changes are part of an oversight effort to give the
state better data on filing, said Garin Casaleggio, deputy secretary for
communications at the state’s Labor and Workforce Development Agency.
For more information, see the agency’s new web page devoted to the changes.
Register a law corporation
Law corporations are required to register with both the
California Secretary of State and the State Bar of California under
Corporations Code Section 13404. Registration requirements are set forth in
Business & Professions Code Sections 6160 and 6161.
Rules and application materials are available on the State Bar
website. Information required to register a law corporation includes:
- Proof of registration with the Secretary of State
- Submission of bylaws and a sample share certificate containing
the appropriate restrictions on share ownership
- A completed application that reports all the attorneys who are
associated with the corporation
- Submission of the Guarantee for Claims in the appropriate amount
- A Declaration of Compliance with Rule 1-400
Limited Liability Partnerships providing legal services are also
required to register with the State Bar. If not registered, attorneys should be
particularly aware of California Corporations Code Section 16306(f), which
specifically removes the protection from liability for claims based upon legal
Before registering with the Secretary of State, be sure to check
with the State Bar to determine if the entity name complies with rules and has
not already been registered. Additional information is available at the Law Corporations page, LLP page or the Law Office Management page. For
questions or help, send an email to LLP@calbar.ca.gov.
Create a surrogacy
A sample “Agreement to Close Law Practice in the Future” is
available on the State Bar website for
attorneys who want to plan for the possibility they will not be able to
continue to work. The sample agreement, available to all lawyers, spells out
the responsibilities of the primary attorney and his or her successor in the
case of death or incapacity.
If a lawyer designates a successor using the new sample
contract, the designated surrogate goes to court for appointment as the
practice administrator who can take control and dispose of the practice. A
lengthy list of duties is part of the contract and includes the ability to open
mail, become a signatory on bank accounts, notify clients and transfer files,
pay bills and handle funds and accept the original attorney’s clients and
cases. The practice administrator also would have the power to sell the practice.
stressed? The Lawyer Assistance Program can help
Attorneys struggling to cope with the stress of a challenging
economic environment, a health issue or a difficult employment situation are
invited to contact the Lawyer Assistance Program (LAP),
which now offers new support programs in addition to its traditional help with
substance abuse and depression. Support is offered for issues like stress,
relationship and personal problems, grief and anxiety.
The LAP is designed for attorneys who might wish to participate
in a weekly group with other lawyers and would like the support of a mental
health professional (group facilitator) or a trained peer counselor who is
familiar with attorneys’ particular challenges.
The LAP also offers a free Orientation and Assessment (O&A)
to any attorney who wants professional assistance to cope with personal or work
problems, substance abuse, health or mental health issues. The O&A provides
a confidential assessment completed by one of the LAP clinicians located
throughout the state. Referrals to outside resources and an opportunity to
participate in a LAP group for a short period of time also are provided. There
is no fee for this service.
Interested attorneys should call 877-LAP-4-HELP (877-527-4435)
or contact LAP@calbar.ca.gov. All calls are confidential.
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In between monthly issues of the Bar Journal, you can keep up
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the Bar Journal’s home page. The State Bar’s Office of Communications scours
the day’s news and culls top headlines of interest to legal professionals. You
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